Traditional Culture Encyclopedia - Hotel reservation - Does the government need money to requisition hotels?

Does the government need money to requisition hotels?

The Civil Code stipulates that when the overall interests of society such as emergency rescue, disaster relief and epidemic prevention are in crisis, all manpower and material resources need to be used for emergency assistance. In the public interest, the state may use the property of units and individuals without the prior consent of the owner. Because expropriation is a restriction on ownership, which may cause adverse consequences to the owner, there are strict restrictions on expropriation:

(1) The prerequisite for expropriation is the occurrence of a legal emergency, which shall not be adopted at ordinary times;

(2) Expropriation is an administrative order and should be exercised in accordance with the authority and procedures prescribed by law;

(3) After use, the expropriated property should be returned to the obligee and compensated, but it is usually less than the loss of available benefits.

The expropriated real estate or chattel shall be returned to the expropriated person after use. If the real estate or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given. That is, after the emergency disappears, the relevant departments shall promptly return the expropriated real estate or chattel to the expropriated person. At the same time, if the expropriation causes property damage or loss, it shall be compensated accordingly. This fully reflects the state's respect and guarantee for the property rights of organizations and individuals.

In addition, after the property is expropriated, the owner or other obligee of the property can't use the property for a certain period of time, and can't make any profit.

What is the basis for the government to requisition hotels as resettlement sites?

Article 245th of the Civil Code stipulates:

Due to emergency needs such as emergency rescue and disaster relief, epidemic prevention and control, organizations and individuals may be requisitioned for real estate or movable property in accordance with the authority and procedures prescribed by law. The expropriated real estate or chattel shall be returned to the expropriated person after use. If the real estate or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given.

Legal basis: Article 117 of the Civil Code stipulates that fair and reasonable compensation shall be given to those who expropriate or requisition immovable property or movable property in accordance with the authority and procedures prescribed by law for the purpose of public interest. Article 245th of the Civil Code stipulates that due to emergency needs such as emergency rescue and disaster relief, epidemic prevention and control, organizations and individuals may be expropriated in accordance with the authority and procedures prescribed by law. The expropriated real estate or chattel shall be returned to the expropriated person after use. If the real estate or movable property of an organization or individual is requisitioned or damaged or lost after requisition, compensation shall be given.